§ 1-177. Person committing crime in possession or control of firearm with removed, defaced, etc., serial number.
A. Any person who, while in the commission or attempted commission of a crime, has in his possession or under his control a firearm, the factory serial number or identification number of which has been removed, defaced, altered, obliterated or mutilated in any manner, upon conviction, shall be guilty of a misdemeanor punishable by imprisonment in the Tribal Jail for a period of not less than one year, or by a fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
B. Any person who removes, defaces, alters, obliterates or mutilates in any manner the factory serial number or identification number of a firearm, or in any manner participates therein, upon conviction, shall be guilty of a misdemeanor punishable by imprisonment in the Tribal Jail for not to exceed one year, or by a fine of not to exceed One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
C.
1. Upon a conviction of a violation of this section, the Court Clerk, Sheriff, Tribal Police Officer, peace officer or other person having custody of the firearm shall immediately deliver the firearm to the Osage Nation Police evidence officer, who shall preserve the firearm pending an order of the Court.
2. At the conclusion of a trial or proceeding for a violation of this section, if a finding is made that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated or mutilated, the court shall issue a written order to the Osage Nation Police evidence officer for destruction of the firearm, unless the defendant files a timely motion to preserve the firearm pending appeal. At the conclusion of the appeal, if a finding is made that the factory serial number or identification number of the firearm has been removed, defaced, altered, obliterated or mutilated, the Osage Nation Supreme Court or the trial court shall issue a written order to the Osage Nation Police evidence officer for destruction of the firearm. ONCA 13-25, eff. Apr. 19, 2013.